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Concerning The Recovery Of Criminal Assets

Original Language Title: privind Agenția de Recuperare a Bunurilor Infracționale

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    The Parliament adopts this organic law.


Article 1, chapter IDISPOZIȚII. The purpose of the law this law aims at creating the legal framework necessary for the recovery of criminal assets.
In article 2. The scope of the law (1) this law shall apply to criminal property located in the territory of Republic of Moldova or outside them in the case of offences referred to in paragraph 1. (2) committed either directly or indirectly, by the citizens of the Republic of Moldova, foreign citizens and stateless persons, and of legal entities resident or non-resident of the Republic of Moldova.
(2) this Act applies to intentional Commission of one or more crimes of which at least one is laid down in art. 1812, 239-240, 243, 2421-279, 324-329, 3301, 3302, 332-3521 3351 and of the penal code and offences committed with the use of the service. 190 and 191 of the criminal code.
(3) this law shall also apply in cases where the release of criminal responsibility.
(4) this Act applies to the party responsible and beneficial civilmente persons who contributed to the Commission of the offence, regardless of the form of participation, in accordance with the provisions of the criminal code.
Article 3. Legal framework the Agency of Criminal Assets Recovery work in accordance with the provisions of this Constitution, laws and other normative acts.


Chapter IIAGENŢIA the recovery of CRIMINAL ASSETS in article 4. Agency status of Criminal Assets Recovery (1) the recovery of Criminal Assets is an autonomous specialized subdivision within the National Centre against corruption.
(2) the Agency's budget for the recovery of Criminal Assets will be reflected separately in the budget of the national Anticorruption Centre.
Article 5. The Agency's powers of recovery of Criminal Assets Recovery Agency Duties of Criminal Assets are: a) parallel investigations and preparation of financial reports for duty of their results, as well as the unavailability of criminal property in the conditions of the code of criminal procedure;
(b) evaluation and management of assets) criminal normative regulatory Commission seeks;
c) recordkeeping regarding criminal assets, including normative regulatory Commission seeks on the basis of requests made by the competent authorities;
d) negotiating repatriation of criminal assets, under art. 13(2). (2);
e) international cooperation and the exchange of information with the competent foreign authorities;
f) collection and analysis of statistical data concerning offences covered by this law.
In article 6. Rights and obligations of the Agency for the recovery of Criminal Assets (1) Agency of Criminal Assets Recovery has the following rights: a) require and receive information and documents necessary for the exercise of his powers from national and international entities they own (referred to as "the relevant data providers);
(b) freezing of assets) to decide criminal identified, in accordance with the provisions of art. 10 para. (2);
c) to access the free national databases in the work which it carries.
(2) the recovery of Criminal Assets has the following obligations: (a) the competent authorities) to provide national, foreign and international, where appropriate, the information and documents confirming reasonable suspicion with respect to offences and criminal goods in connection with such offences;
b) approve the guidelines and methodologies.
Article 7. The Agency's leadership of the recovery of Criminal Assets (1) Agency of Criminal Assets Recovery is headed by a Chief, appointed by the Director of the National Center for anti-corruption.
(2) the Chief of the Agency's Criminal Assets Recovery is incompatible with any other remunerated activity, except scientific, teaching and activities.
(3) the selection of the head of the Agency for the recovery of Criminal Assets is made on the basis of a public competition, announced by the National Anti-corruption Center, attracting as observers representatives of civil society and academics in accordance with the regulations approved by the National Anti-corruption Centre College.
(4) as head of the Agency for the recovery of Criminal Assets shall cease in the cases provided for by law for the termination of his service with the National Anti-corruption Centre.
(5) the grounds referred to in paragraph 1. (4) it is established by the National Anti-corruption Centre College, on the basis of the report presented by the Director of the National Anti-corruption or by another Member of the College, through the adoption of a decision by which it notes the emergence of the case that is to be terminated and shall be, as appropriate, removal from service.
(6) in exercising its powers, the Agency's Chief of Criminal Assets Recovery is assisted by a Deputy, appointed by the Director of the National Anti-Corruption Agency Chief's proposal of recovering Criminal Assets.
Article 8. Organizing Agency for the recovery of Criminal Assets (1) within the Agency to recover Criminal Assets can enable officers to criminal prosecution, investigation officers, experts, specialists in the field of accounting and auditing, other specialists.
(2) the rules of organization and operation, as well as the structure of the Agency for the recovery of Criminal Assets shall be approved by the head of the Agency.
Article 9. Financial investigations Agency parallel recovery of the goods Infringing parallel financial investigations carried out, under the code of penal procedure, in connection with the Commission of one or more crimes of which at least one is laid down in art. 2 (2). (2) of this Act.
Article 10. The unavailability of criminal goods (1) Agency of Criminal Assets Recovery ensures the unavailability of criminal assets identified by: a) request placed under seizure by the Court, under the code of criminal procedure;
b) freezing order.

(2) the recovery of Criminal Assets issue order freezing criminal assets for the term of up to 15 days, upon request in writing to the competent authorities. The freezing of the assets on the basis of the order issued by the Agency does not prevent the sequestration in criminal proceedings.
(3) order the freezing contains: a) the information about the owner, holder or beneficial owner of infringing goods;
(b) the legal classification of the offence) which it believes has generated criminal assets;
c) criminal assets to be frozen and the evidence relating to such goods;
d) reasons justifying the need for freezing criminal assets;
e) as appropriate, individuals and legal entities of public and private law to whom it shall be forbidden to participate in any form in operations and transactions with goods, as well as criminal to facilitate moving, transport or transit of criminal assets.
(4) on the basis of the order issued by the freezing of Criminal Assets Recovery, owners, holders and beneficial you criminal assets, other individuals and legal entities governed by public and private institutions involved in transactions and transactions whose criminal assets are obliged to suspend operations and any transactions with respect to those assets or participation in any form at these.
(5) the freezing order issued by the Agency for the recovery of Criminal Assets shall be communicated to the data subject in order immediately, but not later than 3 days from the moment of issue, in writing, by telephone or telegraphic notice or by electronic means.
(6) the freezing order issued by the Agency for the recovery of Criminal Assets can be challenged in the administrative court without complying with the procedure.
(7) the violation of the order freezing press agency for the recovery of Criminal Assets attract criminal liability.
Article 11. Criminal assets administration normative regulatory Commission seeks (1) Evaluation, administration and use of the goods shall be ensured in the normative regulatory Commission seeks criminal conditions code of penal procedure and the regulation approved by the Government.
(2) the information on the process and results of recovery of goods infringing activity carried out on the basis of normative regulatory Commission seeks Agency for recovering Criminal assets will be published on the official website of the National Centre for anti-corruption.
Article 12. Track criminal assets normative regulatory Commission seeks (1) Agency of Criminal Assets Recovery ensures keeping unique information regarding criminal assets it manages normative regulatory Commission seeks, including through the creation of a specialized database for this purpose.
(2) Regulation on the keeping of the database for records of criminal property by the Government is approved normative regulatory Commission seeks.
Article 13. International cooperation (1) the recovery of Criminal Assets and receives information and send documents, exchange of information and documents, ex officio or upon request, with foreign authorities and/or competent international in the field of criminal assets recovery, regardless of their status, on the principles of reciprocity or on the basis of agreements of cooperation, subject to applicable national and international standards in the field of protection of personal data.
(2) the recovery of Criminal Assets communicates with foreign competent authorities relating to the value of the goods infringing the returnees in Moldova or, where appropriate, in other States, taking into account the contribution and expenses incurred in connection with the pursuit of criminal property, the accumulation of evidence, the unavailability of, the management and valorization of criminal assets seized or normative regulatory Commission seeks, on the basis of reciprocity or in accordance with the provisions of international agreements.
Article 14. Limitation of action of secrets protected by law (1) information obtained from suppliers of relevant data may be used only for the purposes provided for in this law.
(2) access of third parties to the information resources of the Agency for the recovery of Criminal Assets is prohibited. Only the employees of the Agency have access to information from databases owned by the Agency and the right to process this information, the result of prior authorisation obtained from its leadership.
(3) relevant data providers have the ban to inform the natural or legal persons, including beneficial, that their data are to be transmitted or sent to the Agency for the recovery of Criminal Assets. Relevant data providers will submit a written declaration concerning the protection of information submitted by that Agency and were informed about criminal liability under art. 315 of the penal code.
(4) the recovery of Criminal Assets, at the request of individuals or of the supervisory body of the processing of personal data, provides information with regard to the processing of personal data only after the cessation of the situation warranting their processing pursuant to this law.
Article 15. Funding measures for the organisation and implementation of the provisions of the law (1) measures for the Organization, execution of criminal assets recovery is financed from the State budget, as well as from other sources not prohibited by the legislation.
(2) annually, the Ministry of finance, at the stage of drawing up the draft budget for next year will include in the budget of the National Anti-corruption Center 3% of means received from the State budget of the value of goods confiscated for the benefit of the State through final court decision.


Chapter IIIDISPOZIŢII FINAL and TRANSITORY Article 16. Final and transitory provisions Government shall, within 6 months from the date of entry into force of the present law:-will bring its normative acts in compliance with this law;
-will submit to the Parliament proposals for the adjustment of the legal framework.